Unknown. Direct final rule

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2007-05-21.xml --- 72 97 Monday, May 21, 2007 Contents Advisory Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Agriculture Agriculture Department See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 28465 E7-9691 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 28493-28494 07-2501 Organization, functions, and authority delegations:

Child Support Enforcement Office, Regional Program Managers, 28494 E7-9671 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 28475-28476 07-2528 07-2529 07-2530 07-2531 07-2532 Comptroller Comptroller of the Currency NOTICES Agency information collection activities; proposals, submissions, and approvals, 28553-28556 07-2519 07-2520 07-2521 07-2523 Coordinating Coordinating Council on Juvenile Justice and Delinquency Prevention NOTICES Meetings, 28476 07-2517 Defense Defense Department See Navy Department NOTICES Meetings:

National Security Education Board, 28476 07-2502 Defense Defense Nuclear Facilities Safety Board NOTICES Freedom of Information Act; implementation: Fee schedule, 28477 E7-9665 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 28477-28478 E7-9655 Special education and rehabilitative services: Individuals with Disabilities Education Act (IDEA)— Correspondence; quarterly list, 28478-28480 E7-9749 E7-9750 Employment Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.:

YouthBuild Grants; correction, 28524 E7-9654 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency NOTICES Superfund; response and remedial actions, proposed settlements, etc.: Browder Trust Property Site, SC, 28489-28490 E7-9731 Executive Executive Office of the President See Trade Representative, Office of United States See Presidential Documents FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives: Eurocopter France, 28456-28459 E7-9695 E7-9708 Pratt & Whitney, 28459-28461 E7-9697 NOTICES Meetings:

RTCA, Inc., 28546 07-2498 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 28483-28486 E7-9679 E7-9686 Environmental statements; availability, etc.: Sonora Pipeline, LLC, 28486-28487 E7-9678 Hydroelectric applications, 28487-28488 E7-9683 Off-the-record communications, 28488-28489 E7-9676 *Applications, hearings, determinations, etc.:* California Independent System Operator Corp., 28480 E7-9681 El Paso Natural Gas Co., 28480 E7-9680 El Segundo Power II LLC, 28480-28481 E7-9677 North Wind Cooperative et al., 28481 E7-9684 Rainier Engineering & Environmental, LLC, 28481-28482 E7-9682 Rockies Express Pipeline LLC, 28482-28483 E7-9663 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control, 28490 E7-9649 Formations, acquisitions, and mergers, 28490-28491 E7-9647 E7-9673 Permissible nonbanking activities, 28491 E7-9672 FTC Federal Trade Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 28491-28493 E7-9711 Fish Fish and Wildlife Service NOTICES Endangered and threatened species and marine mammal permit applications, determinations, etc., 28517-28518 E7-9670 Endangered and threatened species permit applications, determinations, etc., 28518 E7-9669 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 28495-28496 E7-9709 Human drugs:

Patent extension; regulatory review period determinations— IRESSA, 28497-28498 E7-9733 NOXAFIL, 28496-28497 E7-9730 Medical devices: Patent extension; regulatory review period determinations— GALILEO INTRAVASCULAR RADIOTHERAPY SYSTEM, 28498-28499 E7-9720 Meetings: Science Board, 28499-28500 E7-9737 Reports and guidance documents; availability, etc.: FDA Modernization Act of 1997— Recognized Standards List modifications (Recognition List Number 017), 28500-28511 E7-9718 Forest Forest Service NOTICES Environmental statements; notice of intent:

Tongass National Forest, AK, 28465-28467 07-2507 Health Health and Human Services Department See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Scientific misconduct findings; administrative actions: Prabhakaran, Kartik, 28493 E7-9735 Historic Historic Preservation, Advisory Council NOTICES Environmental statements; availability, etc.: Cold War Era (1946-1974) unaccompanied personnel housing and World War II and Cold War Era (1939-1974) ammunition storage facilities— Air Force Department adoption of program comments, etc., 28462-28463 07-2504 Army Department adoption of program comments, etc., 28464 07-2506 Navy Department adoption of program comments, etc., 28463 07-2505 Industry Industry and Security Bureau NOTICES Meetings:

Deemed Export Advisory Committee, 28467 07-2509 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office International International Boundary and Water Commission, United States and Mexico NOTICES Environmental statements; availability, etc.: El Paso, TX; Rio Grande Rectification Project; flood control improvements, 28520 E7-9736 International International Trade Administration NOTICES Antidumping:

Silicon metal from— China, 28467-28472 E7-9703 North American Free Trade Agreement (NAFTA); binational panel reviews: Fresh apples from— United States, 28472-28473 E7-9662 International International Trade Commission NOTICES Import investigations: Personal computers and digital display devices, 28520-28521 E7-9723 Semiconductor chips with minimized chip package size and products containing same, 28521-28522 E7-9640 Labor Labor Department See Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 28522-28524 E7-9694 Land Land Management Bureau NOTICES Environmental statements; availability, etc.:

Carbon County, WY; Atlantic Rim Natural Gas Field Development Project, 28518-28519 E7-9685 Survey plat filings: Wyoming, 28519 E7-9653 Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers: CAROLINA GALE, 28546-28547 E7-9660 RAFFLES, 28547 E7-9657 SOUND CHOICE, 28547-28548 E7-9661 Mexico Mexico and United States, International Boundary and Water Commission See International Boundary and Water Commission, United States and Mexico National Credit National Credit Union Administration NOTICES Meetings;

Sunshine Act, 28524-28525 07-2548 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Humanities Panel, 28525 E7-9717 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle theft prevention standards; exemption petitions, etc.: Mazda Motor Corp., 28548-28549 E7-9666 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 28511-28512 E7-9656 Meetings: National Cancer Institute, 28512 07-2495 National Heart, Lung, and Blood Institute, 28512-28513 07-2488 07-2489 National Institute of Child Health and Human Development, 28514-28515 07-2494 National Institute of Diabetes and Digestive and Kidney Diseases, 28514 07-2493 National Institute of Mental Health, 28515 07-2496 National Institute of Neurological Disorders and Stroke, 28514 07-2492 National Institute on Aging, 28513-28514 07-2490 National Institute on Drug Abuse, 28513 07-2487 Scientific Review Center, 28515-28517 07-2485 07-2486 07-2497 NOAA National Oceanic and Atmospheric Administration NOTICES Endangered and threatened species:

Recovery plans— Steller sea lions; western and eastern distinct population segments, 28473-28475 E7-9755 Fishery conservation and management: Northeastern United States fisheries— Winter skate; overfished determinations, 28475 E7-9753 National Park National Park Service NOTICES National Register of Historic Places; pending nominations, 28519 E7-9652 Navy Navy Department NOTICES Privacy Act; systems of records, 28477 E7-9675 Nuclear Nuclear Regulatory Commission RULES Organization, functions, and authority delegations:

Nuclear Security and Incident Response Office; emergency preparedness program responsibilities, 28449-28450 E7-9714 PROPOSED RULES Organization, functions, and authority delegations: Nuclear Security and Incident Response Office; emergency preparedness program responsibilities, 28455-28456 E7-9713 NOTICES *Applications, hearings, determinations, etc.:* FirstEnergy Nuclear Operating Co., 28525-28527 E7-9715 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Presidential Presidential Documents ADMINISTRATIVE ORDERS Iraq; continuation of the national emergency protecting the Development Fund for Iraq and certain other property (Notice of May 18, 2007), 28579-28582 07-2564 SEC Securities and Exchange Commission NOTICES Meetings:

Sunshine Act, 28528-28529 E7-9743 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 28529-28531 E7-9659 International Securities Exchange LLC, 28531-28532 E7-9664 New York Stock Exchange LLC, 28532-28540 E7-9667 E7-9668 Sentencing Sentencing Commission, United States See United States Sentencing Commission Social Social Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 28540-28544 E7-9712 E7-9726 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 28544 E7-9746 Arms Export Control Act:

Countries not cooperating fully with U.S. antiterrorism efforts; determination and certification; congressional notification, 28544 E7-9727 Organization, functions, and authority delegations: Foreign Assistance Director, 28544-28545 E7-9725 Under Secretary for Management, 28545 E7-9761 Reports and guidance documents; availability, etc.: United States Climate Change Science Program— Climate Change 2007; Synthesis Report (Fourth Assessment Report), 28545 E7-9752 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions:

Indiana, 28451-28454 E7-9674 Surface Surface Transportation Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 28549-28550 E7-9689 Rail carrriers: Cost-of-capital; railroad industry's decision, 28550 E7-9690 Railroad services abandonment: Grand Trunk Western Railroad, Inc., 28550-28551 E7-9584 Mission Mountain Railroad, Inc., 28551-28552 E7-9563 Wisconsin & Southern Railroad Co., 28552 E7-9491 Trade Trade Representative, Office of United States NOTICES Generalized System of Preferences: 2007 annual product and country eligibility practices review; deadline changes for filing petitions, 28527-28528 E7-9756 Transportation Transportation Department See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board NOTICES Grants and cooperative agreements; availability, etc.:

Regional Small Business Transportation Resource Centers Program, 28545-28546 E7-9692 Treasury Treasury Department See Comptroller of the Currency NOTICES Agency information collection activities; proposals, submissions, and approvals, 28552-28553 E7-9704 E7-9705 U.S. Sentencing United States Sentencing Commission NOTICES Sentencing guidelines and policy statements for Federal courts, 28558-28577 E7-9421 Separate Parts In This Issue Part II Sentencing Commission, United States, United States Sentencing Commission, 28558-28577 E7-9421 Part III Executive Office of the President, Presidential Documents, 28579-28582 07-2564 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 72 97 Monday, May 21, 2007 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 1 RIN 3150-AI17 Emergency Preparedness Policies Developed for Nuclear Materials Facilities AGENCY: Nuclear Regulatory Commission. ACTION:

Direct final rule. SUMMARY: The Nuclear Regulatory Commission

(NRC)is amending its regulations that govern organization and functions of NRC offices. This action is necessary to clarify emergency preparedness program responsibilities of the Office of Nuclear Security and Incident Response. The current limiting reference of “nuclear reactors” will be replaced with the phrase “nuclear facilities.” DATES: The final rule is effective on August 6, 2007, unless significant adverse comments are received by June 20, 2007. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. If the NRC receives any significant adverse comments, the NRC will publish a document that withdraws the direct final rule and addresses the comments received in a final rule as a response to the companion proposed rule published elsewhere in this issue of the **Federal Register** . ADDRESSES: You may submit comments by any one of the following methods. Please include the following number (RIN 3150-AI17) in the subject line of your comments. Comments on rulemakings submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including personal information such as social security numbers and birth dates in your submission. Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff. E-mail comments to: *SECY@nrc.gov* . If you do not receive a reply e-mail confirming that we have received your comments, contact us directly at

(301)415-1966. You may also submit comments via the NRC's rulemaking Web site at *http://ruleforum.llnl.gov* . Address questions about our rulemaking Web site to Carol Gallagher

(301)415-5905; e-mail *cag@nrc.gov* . Comments can also be submitted via the Federal eRulemaking Portal *http://www.regulations.gov* . Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. Federal workdays. (Telephone

(301)415-1966). Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at

(301)415-1101. Publicly available documents related to this rulemaking may be viewed electronically on the public computers located at the NRC's Public Document Room (PDR), O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. The PDR reproduction contractor will copy documents for a fee. Selected documents, including comments, may be viewed and downloaded electronically via the NRC rulemaking Web site at *http://ruleforum.llnl.gov* . Publicly available documents created or received at the NRC after November 1, 1999, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html* . From this site, the public can gain entry into the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC PDR Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to *pdr@nrc.gov* . FOR FURTHER INFORMATION CONTACT: Kevin R. O'Sullivan, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-8112, e-mail *kro2@nrc.gov* . SUPPLEMENTARY INFORMATION: Background The NRC's regulations at 10 CFR part 1 identify the responsibilities of NRC program offices. On November 16, 2005 (70 FR 69422), the NRC amended 10 CFR part 1 to add, in a new § 1.46, the program responsibilities of the Office of Nuclear Security and Incident Response (NSIR). Section 1.46(c) specifies that NSIR develops emergency preparedness policies, regulations, programs, and guidelines for currently licensed nuclear reactors and potential new nuclear reactors. The only revision to 10 CFR 1.46 now being made is to 10 CFR 1.46(c) to remove reference to “nuclear reactors” and add the term “nuclear facilities.” Discussion Section 1.46(c) specifies that NSIR develops emergency preparedness policies, regulations, programs, and guidelines for both currently licensed nuclear reactors and potential new nuclear reactors. The emergency preparedness programs for other nuclear facilities, including fuel cycle, spent fuel storage, transportation, waste, and various non-fuel cycle materials facilities, have been the responsibility of the Office of Nuclear Material Safety and Safeguards (NMSS). In January 2004, the Commission announced the consolidation of emergency preparedness and incident response functions within NSIR to centralize policy and program oversight of these activities. This rule removes the limiting reference of “nuclear reactors” and adds the phrase “nuclear facilities” to the end of § 1.46(c). This revision clarifies that NSIR has the programmatic responsibility for emergency preparedness policies, regulations, programs, and guidelines for all of the nuclear facilities that are under NRC jurisdiction. The transfer of certain emergency preparedness program responsibilities from NMSS to NSIR is being undertaken consistent with those Offices' management commitments. Procedural Background Because the NRC considers this action to be non-controversial, the NRC is using the direct final rule process for this rule. This rule will become effective on August 6, 2007. However, if the NRC receives significant adverse comments on this direct final rule by June 20, 2007, the NRC will publish a document that withdraws the direct final rule and address the comments received in a final rule as a response to the companion proposed rule published elsewhere in this issue of the **Federal Register** . Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if:

(1)The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-and-comment process. For example, a substantive response is required when:

(A)The comment causes the NRC staff to reevaluate (or reconsider) its position or conduct additional analysis;

(B)The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or

(C)The comment raises a relevant issue that was not previously addressed or considered by the NRC staff.

(2)The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition.

(3)The comment causes the staff to make a change (other than editorial) to the rule. Voluntary Consensus Standards The National Technology Transfer Act of 1995 (Pub. L. 104-113) requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC is amending its regulations to clarify NSIR emergency preparedness program responsibilities. This action does not constitute the establishment of a standard that establishes generally applicable requirements. Agreement State Compatibility Under the “Policy Statement on Adequacy and Compatibility of Agreement State Programs” approved by the Commission on June 30, 1997, and published in the **Federal Register** on September 3, 1997 (62 FR 46517), this portion of regulations is designated Category “NRC” and therefore, is not a matter of Compatibility. Although an Agreement State may not adopt program elements reserved for NRC, it may inform its licensees of certain requirements through a mechanism that is consistent with the particular States administrative procedures laws, but does not confer regulatory authority on the State. Plain Language The Presidential Memorandum dated June 1, 1998, entitled, “Plain Language in Government Writing” directed that the Government's writing be in plain language. The NRC requests comments on this direct final rule specifically with respect to the clarity and effectiveness of the language used. Comments should be sent to the address listed under the heading ADDRESSES above. Environmental Impact: Categorical Exclusion The NRC has determined that this direct final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(2). Therefore neither an environmental impact statement nor an environmental assessment has been prepared for this direct final rule. Paperwork Reduction Act Statement This direct final rule does not contain information collection requirements and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number. Regulatory Analysis A regulatory analysis has not been prepared for this direct final rule because this rule is considered a minor non-substantive amendment; it has insignificant economic impact on NRC licensees and the public. Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the Commission certifies that this rule does not have a significant economic impact on a substantial number of small entities. This rule merely clarifies NSIR programmatic responsibilities. Backfit Analysis The NRC has determined that the backfit rule does not apply to this direct final rule because this amendment does not involve any provisions that would impose backfits as defined in the backfit rule. Therefore, a backfit analysis is not required. Congressional Review Act As required by the Congressional Review Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of OMB. List of Subjects in 10 CFR Part 1 Organization and function (Government agencies). For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 10 CFR part 1. PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION 1. The authority citation for part 1 continues to read as follows: Authority: Secs. 23, 161, 68 Stat. 925, 948, as amended (42 U.S.C. 2033, 2201); sec. 29, Pub. L. 85-256, 71 Stat. 579, Pub. L. 95-209, 91 Stat. 1483 (42 U.S.C. 2039); sec. 191, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); secs. 201, 203, 204, 205, 209, 88 Stat. 1242, 1244, 1245, 1246, 1248, as amended (42 U.S.C. 5841, 5843, 5844, 5845, 5849); 5 U.S.C. 552, 553; Reorganization Plan No. 1 of 1980, 45 FR 40561, June 16, 1980. 2. In § 1.46, paragraph

(c)is revised to read as follows: § 1.46 Office of Nuclear Security and Incident Response.

(c)Develops emergency preparedness policies, regulations, programs, and guidelines for nuclear facilities; Dated at Rockville, Maryland, this 8th day of May, 2007. For the Nuclear Regulatory Commission. Martin J. Virgilio, Acting Executive Director for Operations. [FR Doc. E7-9714 Filed 5-18-07; 8:45 am] BILLING CODE 7590-01-P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 914 [Docket No. IN-157-FOR] Indiana Regulatory Program AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Final rule; approval of amendment. SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Indiana regulatory program (Indiana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The Indiana Department of Natural Resources, Division of Reclamation (IDNR, Indiana, or department) made revisions to its rules to allow commercial forestry (trees) to be planted on reclaimed prime farmland provided all remaining reclamation requirements for prime farmland soil reconstruction and restoration are met. Indiana also restructured several of its provisions and made some minor language changes. Indiana intends to revise its program to improve operational efficiency. EFFECTIVE DATE: May 21, 2007. FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Chief, Alton Field Division—Indianapolis Area Office. *Telephone:*

(317)226-6700. *E-mail:* *IFOMAIL@osmre.gov.* SUPPLEMENTARY INFORMATION: I. Background on the Indiana Program II. Submission of the Amendment III. OSM's Findings IV. Summary and Disposition of Comments V. OSM's Decision VI. Procedural Determinations I. Background on the Indiana Program Section 503(a) of the Act permits a State to assume primacy for the regulation of surface coal mining and reclamation operations on non-Federal and non-Indian lands within its borders by demonstrating that its State program includes, among other things, “a State law which provides for the regulation of surface coal mining and reclamation operations in accordance with the requirements of this Act * * *; and rules and regulations consistent with regulations issued by the Secretary pursuant to this Act.” See 30 U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the Secretary of the Interior (Secretary) conditionally approved the Indiana program effective July 29, 1982. You can find background information on the Indiana program, including the Secretary's findings, the disposition of comments, and the conditions of approval, in the July 26, 1982, **Federal Register** (47 FR 32071). You can also find later actions concerning the Indiana program and program amendments at 30 CFR 914.10, 914.15, 914.16, and 914.17. II. Submission of the Amendment By letter dated October 23, 2006 (Administrative Record No. IND-1738), Indiana sent us an amendment to its program under SMCRA (30 U.S.C. 1201 *et seq.* ) at its own initiative. The provisions of Title 312 Indiana Administrative Code

(IAC)that Indiana revised are: 312 IAC 25-4-102, special categories of mining-prime farmland and 312 IAC 25-6-143, prime farmland-special performance standards—revegetation and restoration of soil productivity. We announced receipt of the proposed amendment in the November 13, 2006, **Federal Register** (71 FR 66148). In the same document, we opened the public comment period and provided an opportunity for a public hearing or meeting on the adequacy of the amendment. We did not hold a public hearing or meeting because no one requested one. The public comment period ended on December 13, 2006. We received comments from two Federal agencies. III. OSM's Findings Following are the findings we made concerning the amendment under SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are approving the amendment as described below. Any revisions that we do not specifically discuss below concern nonsubstantive wording or editorial changes. A. Minor Revisions to Indiana's Rules 1. Indiana restructured the following provisions with minor changes to the existing language: 312 IAC 25-4-102(a)(1), (a)(3)(A) and (B); (b); (d)(4) and (6); (e)(3); and (f)(5). For example, at 312 IAC 25-4-102(a)(1), Indiana restructured the sentence, “A map showing the geographical location of the area for which the determination is requested and the area previously affected by surface coal mining and reclamation operation,” to: A map showing the geographical location of:

(A)The area for which the determination is requested; and

(B)The area previously affected by surface coal mining and reclamation operation. 2. Indiana restructured the following provisions with minor changes to the existing language: 312 IAC 25-6-143(b)(3) and (b)(8). For example, at 312 IAC 25-6-143(b)(3), Indiana restructured the sentence, “The sampling techniques contained in section 60 of this rule and the statistical methodology contained in section 61 of this rule shall be used to measure soil productivity,” to: The:

(A)Sampling techniques contained in section 60 of this rule; and

(B)Statistical methodology contained in section 61 of this rule; shall be used to measure soil productivity. Because these changes are minor and do not alter the meaning of the affected regulations, we find that they will not make Indiana's rules less effective than the corresponding Federal regulations. B. Other Revisions to Indiana's Rules Indiana revised its prime farmland rules at 312 IAC 25-4-102, which concern application requirements for prime farmland mining and restoration. Indiana also revised 312 IAC 25-6-143, which concerns revegetation and restoration of soil productivity for prime farmland. The purpose of the revisions is to allow commercial trees to be planted on reclaimed prime farmland areas provided soil productivity is demonstrated according to prime farmland soil productivity standards. In other words, the revisions would establish standards for planting trees on those parts of reclaimed prime farmland upon which crops need not be grown to demonstrate restoration of soil productivity and revegetation success. There are no direct Federal counterparts to most of the revisions. However, all revisions affecting prime farmland restoration must be consistent with the Federal prime farmland regulations at 30 CFR 785.17 and Part 823. 1. 312 IAC 25-4-102 Special Categories of Mining—Prime Farmland Indiana added new subdivision (d)(8) to read as follows:

(8)If the applicant proposes to establish commercial forest resources on the prime farmland, the plan must also include the following:

(A)A commercial forest planting plan that shall include the following:

(i)A stocking rate.

(ii)A plan for replanting as needed.

(B)A commercial forest management plan.

(C)Documentation of landowner consent. Subsection

(d)of this section concerns land within the proposed permit area that is identified as prime farmland. Once prime farmland is identified, the applicant must submit a plan for mining and restoring that land. The requirements in subsection

(d)were previously approved as no less effective than the Federal regulation at 30 CFR 785.17(c). Newly added subdivision

(8)contains additional application requirements for establishing commercial forestry (trees) on those portions of prime farmland upon which crops need not be grown to demonstrate restoration of soil productivity and revegetation success. 2. 312 IAC 25-6-143 Prime Farmland—Special Performance Standards—Revegetation and Restoration of Soil Productivity Indiana added new subsection

(c)to read as follows:

(c)Commercial forest resources may be established on reclaimed prime farmland provided that productivity is demonstrated by subsection

(b)and as follows:

(1)The director has approved a forest planting plan and forest management plan in consultation with the division of forestry.

(2)Landowner consent has been obtained.

(3)Forest compatible, permanent ground cover sufficient to control erosion is established and all erosion areas must be repaired or otherwise stabilized.

(4)The required soil replacement depth is verified and approved before trees are planted.

(5)Soil productivity shall be demonstrated under subsection (b). Subsection

(b)of this section contains Indiana's requirements for revegetation and restoration of soil productivity for prime farmland. These requirements were previously approved as no less effective than the Federal regulation at 30 CFR 823.15(b). Newly added subsection

(c)contains the additional requirements needed for planting commercial trees on those portions of reclaimed prime farmland upon which crops need not be grown to demonstrate restoration of soil productivity and revegetation success. The Federal regulation at 30 CFR 785.17(e)(1) provides that the regulatory authority may approve mining and reclamation of prime farmland only if it first finds that the approved postmining land use of those prime farmlands is cropland. Originally designated as 30 CFR 785.17(d)(1) when first adopted on March 13, 1979, the preamble explains this provision as meaning that “* * * at the time the bond is released, the land must both be capable of supporting prime farmland use and must actually be in use as prime farmland.” See 44 FR 15086, March 13, 1979. (That portion of the preamble uses the term “prime farmland” as a synonym for cropland.) Consistent with this preamble discussion, the 1979 version of the prime farmland revegetation success standards at 30 CFR 823.15(b) required that crops be planted on “* * * any portion of the permit area which is prime farmland * * *” Illinois challenged 30 CFR 785.17(d)(1) as being inconsistent with section 515(b)(2) of SMCRA, which requires that surface coal mining and reclamation operations “* * * restore the land affected to a condition capable of supporting the uses which it was capable of supporting prior to any mining, or to higher or better uses * * *” The court rejected this challenge, citing what it characterized as “clear congressional intent to restore prime farmland to cropland” and noting that section 519(c)(2) of the Act prohibits release of bond “* * * until soil productivity for prime farm lands has returned to equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices * * *.” The court stated that “[t]his equivalency standard could not be achieved absent the postmining employment of prime farmland as cropland.” See *In Re: Permanent Surface Mining Regulation Litigation, Round II (PSMRL, Round II),* 19 ERC 1480, 1482 (D.D.C. May 16, 1980). The rationale set forth in that decision is arguably inconsistent with the court's earlier decision on a similar challenge to the revegetation success standards for prime farmland—in 30 CFR 823.11(c) and 823.15(b) and (c)—by the National Coal Association (NCA). As originally adopted on March 13, 1979, paragraph

(b)of 30 CFR 823.15 provided that “* * * any portion of the permit area which is prime farmland must be used for crops commonly grown, such as corn, soybeans, cotton, grain, hay, sorghum, wheat, oats, barley, or other crops on surrounding prime farmland.” In the NCA case, the court upheld the challenge, finding that “* * * the Act fails to provide statutory support for requiring coal operators to engage in farming.” See *In Re: Permanent Surface Mining Regulation Litigation, Round I (PSMRL, Round I* ), 14 ERC 1083, 1106 (D.D.C. February 26, 1980). Referring to a number of statutory provisions, including those the court later cited as a basis for its conflicting decision on 30 CFR 785.17(d)(1) in *PSMRL, Round II* , the court stated that— These statutory enactments do not command a coal operator to actually farm the land. Instead, they direct the operator to demonstrate capability of prime farmlands to support pre-mining productivity. See *PSMRL, Round I* , 14 ERC 1083, 1106. In a subsequent rulemaking, we incorporated aspects of both decisions. First, the revised rules at 30 CFR 823.15(b) retain the requirement that crops be grown to demonstrate the restoration of soil productivity for prime farmland. The preamble explains that we “* * * determined that cropping is the only method currently available to test the restoration of the productivity of prime farmland soils because insufficient research has been published that demonstrates the reliability of any other method.” See 48 FR 21458, May 12, 1983. Second, we did not adopt the proposed rule to the extent that it, like the 1979 rule, would have required crops to be grown on any portion of the disturbed area that is prime farmland historically used as cropland. Instead, revised section 823.15(b)(2) requires that soil productivity “* * * be measured on a representative sample or on all of the mined and reclaimed prime farmland area using the reference crop determined under paragraph (b)(6) of this section.” As explained in the preamble, the revised rule reflects an agreement between OSM and the Soil Conservation Service [since renamed the Natural Resources Conservation Service] “* * * that the amount of prime farmland area used to grow crops for proof of soil productivity could include the entire mined and reclaimed prime farmland area or a portion of the mined and reclaimed prime farmland area which would result in a statistically valid sample at a 90 percent confidence level.” See 48 FR 21459, May 12, 1983. The courts upheld the revised rules. See *In Re: Permanent Surface Mining Regulation Litigation II, Round II,* 21 ERC 1724, 1732-34 (D.D.C. October 1, 1984) and *NWF* v. *Hodel* , 839 F.2d 694, 716-718 (D.C. Cir. 1988). Consequently, the 1979 preamble discussion of 30 CFR 785.17(d)(1) [since redesignated as paragraph (e)(1)] is no longer valid to the extent that it required all prime farmland to be planted with crops. That requirement now applies only to those portions of the reclaimed prime farmland that are to be used to demonstrate restoration of soil productivity and revegetation success. Therefore, based on the foregoing discussion, we find that Indiana's proposed amendment is not inconsistent with and is no less effective than the Federal rules at 30 CFR 785.17(e)(1) and 823.15. First, like the Federal rules at 30 CFR 785.17(e)(1), the Indiana rules require that the postmining land use of all prime farmland be cropland, which means that, consistent with 30 CFR 816.133(a), 817.133(a), and 823.14, all disturbed prime farmland must be restored to conditions that are capable of supporting cropland. Second, like the Federal rules at 30 CFR 823.15(b), the Indiana rules require, among other things, that measurement of soil productivity be initiated within 10 years after completion of soil replacement and that revegetation success be determined on the basis of crops grown on all or a representative sample of the mined and reclaimed prime farmland. Indiana's proposed amendment at 312 IAC 25-6-143(c) would not alter any of these requirements. Instead, it addresses revegetation of those portions of the reclaimed prime farmland on which crops will not be grown. Consistent with 30 CFR 823.15(a), which requires that the soil surface be stabilized with a vegetation cover or other means that effectively controls soil loss by wind and water erosion, proposed 312 IAC 25-6-143(c)(3) requires establishment of a permanent ground cover sufficient to control erosion. Based on the discussion above, we are approving Indiana's revisions at 312 IAC 25-4-102(d)(8) and 25-6-143(c) as no less effective than the Federal regulations. IV. Summary and Disposition of Comments Public Comments We asked for public comments on the amendment, but did not receive any. Federal Agency Comments On October 27, 2006, under 30 CFR 732.17(h)(11)(i) and section 503(b) of SMCRA, we requested comments on the amendment from various Federal agencies with an actual or potential interest in the Indiana program (Administrative Record No. IND-1740). We received two comments; one from the U.S. Fish and Wildlife Service and one from the U.S. Department of Agriculture's Forest Service. The U.S. Fish and Wildlife Service responded on November 8, 2006 (Administrative Record No. IND-1742), stating that it supports Indiana's proposed program amendment. The Forest Service responded on December 4, 2006 (Administrative Record No. IND-1743), that it too supports this amendment. Environmental Protection Agency

(EPA)Concurrence and Comments Under 30 CFR 732.17(h)(11)(ii), we are required to get a written concurrence from EPA for those provisions of the program amendment that relate to air or water quality standards issued under the authority of the Clean Water Act (33 U.S.C. 1251 *et seq.* ) or the Clean Air Act (42 U.S.C. 7401 *et seq.* ). None of the revisions that Indiana proposed to make in this amendment pertain to air or water quality standards. Therefore, we did not ask EPA to concur on the amendment. However, on October 27, 2006, under 30 CFR 732.17(h)(11)(i), we requested comments on the amendment from EPA (Administrative Record No. IND-1740). EPA did not respond to our request. State Historical Preservation Officer

(SHPO)and the Advisory Council on Historic Preservation

(ACHP)Under 30 CFR 732.17(h)(4), we are required to request comments from the SHPO and ACHP on amendments that may have an effect on historic properties. On October 27, 2006, we requested comments on Indiana's amendment (Administrative Record No. IND-1740), but neither responded to our request. V. OSM's Decision Based on the above findings, we approve the amendment Indiana sent us on October 23, 2006. To implement this decision, we are amending the Federal regulations at 30 CFR part 914, which codify decisions concerning the Indiana program. We find that good cause exists under 5 U.S.C. 553(d)(3) to make this final rule effective immediately. Section 503(a) of SMCRA requires that the State's program demonstrate that the State has the capability of carrying out the provisions of the Act and meeting its purposes. Making this rule effective immediately will expedite that process. SMCRA requires consistency of State and Federal standards. Effect of OSM's Decision Section 503 of SMCRA provides that a State may not exercise jurisdiction under SMCRA unless the State program is approved by the Secretary. Similarly, 30 CFR 732.17(a) requires that any change to an approved State program be submitted to OSM for review as a program amendment. The Federal regulations at 30 CFR 732.17(g) prohibit any changes to approved State programs that are not approved by OSM. In the oversight of the Indiana program, we will recognize only the statutes, rules and other materials we have approved, together with any consistent implementing policies, directives and other materials. We will require Indiana to enforce only approved provisions. VI. Procedural Determinations Executive Order 12630—Takings The provisions in the rule based on counterpart Federal regulations do not have takings implications. This determination is based on the analysis performed for the counterpart Federal regulations. The revisions made at the initiative of the State that do not have Federal counterparts have also been reviewed and a determination made that they do not have takings implications. This determination is based on the fact that this rulemaking has no takings implications. Executive Order 12866—Regulatory Planning and Review This rule is exempted from review by the Office of Management and Budget

(OMB)under Executive Order 12866. Executive Order 12988—Civil Justice Reform The Department of the Interior has conducted the reviews required by section 3 of Executive Order 12988 and has determined that this rule meets the applicable standards of subsections

(a)and

(b)of that section. However, these standards are not applicable to the actual language of State regulatory programs and program amendments because each program is drafted and promulgated by a specific State, not by OSM. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and the Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10), decisions on proposed State regulatory programs and program amendments submitted by the States must be based solely on a determination of whether the submittal is consistent with SMCRA and its implementing Federal regulations and whether the other requirements of 30 CFR parts 730, 731, and 732 have been met. Executive Order 13132—Federalism This rule does not have Federalism implications. SMCRA delineates the roles of the Federal and State governments with regard to the regulation of surface coal mining and reclamation operations. One of the purposes of SMCRA is to “establish a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations.” Section 503(a)(1) of SMCRA requires that State laws regulating surface coal mining and reclamation operations be “in accordance with” the requirements of SMCRA, and section 503(a)(7) requires that State programs contain rules and regulations “consistent with” regulations issued by the Secretary pursuant to SMCRA. Executive Order 13175—Consultation and Coordination With Indian Tribal Governments In accordance with Executive Order 13175, we have evaluated the potential effects of this rule on Federally-recognized Indian tribes and have determined that the rule does not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. This determination is based on the fact that the Indiana program does not regulate coal exploration and surface coal mining and reclamation operations on Indian lands. Therefore, the Indiana program has no effect on Federally-recognized Indian tribes. Executive Order 13211—Regulations That Significantly Affect the Supply, Distribution, or Use of Energy On May 18, 2001, the President issued Executive Order 13211 which requires agencies to prepare a Statement of Energy Effects for a rule that is

(1)considered significant under Executive Order 12866, and

(2)likely to have a significant adverse effect on the supply, distribution, or use of energy. Because this rule is exempt from review under Executive Order 12866 and is not expected to have a significant adverse effect on the supply, distribution, or use of energy, a Statement of Energy Effects is not required. National Environmental Policy Act This rule does not require an environmental impact statement because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency decisions on proposed State regulatory program provisions do not constitute major Federal actions within the meaning of section 102(2)(C) of the National Environmental Policy Act (42 U.S.C. 4332(2)(C)). Paperwork Reduction Act This rule does not contain information collection requirements that require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 3507 *et seq.* ). Regulatory Flexibility Act The Department of the Interior certifies that a portion of the provisions in this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) because they are based upon counterpart Federal regulations for which an economic analysis was prepared and certification made that such regulations would not have a significant economic effect upon a substantial number of small entities. In making the determination as to whether this part of the rule would have a significant economic impact, the Department relied upon the data and assumptions for the counterpart Federal regulations. The Department of the Interior also certifies that the provisions in this rule that are not based upon counterpart Federal regulations will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). This determination is based upon the fact that the provisions are voluntary and as such are not expected to have a substantive effect on the regulated industry. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule:

(a)Does not have an annual effect on the economy of $100 million;

(b)Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; and

(c)Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. This determination is based upon the fact that a portion of the State provisions are based upon counterpart Federal regulations for which an analysis was prepared and a determination made that the Federal regulation was not considered a major rule. For the portion of the State provisions that is not based upon counterpart Federal regulations, this determination is based upon the fact that the State provisions are voluntary and as such are not expected to have a substantive effect on the regulated industry. Unfunded Mandates This rule will not impose an unfunded mandate on State, local, or tribal governments or the private sector of $100 million or more in any given year. This determination is based upon the fact that a portion of the State submittal, which is the subject of this rule, is based upon counterpart Federal regulations for which an analysis was prepared and a determination made that the Federal regulation did not impose an unfunded mandate. For the portion of the State provisions that is not based upon counterpart Federal regulations, this determination is based upon the fact that the State provisions are voluntary and as such are not expected to have a substantive effect on the regulated industry. List of Subjects in 30 CFR Part 914 Intergovernmental relations, Surface mining, Underground mining. Dated: April 19, 2007. Ervin J. Barchenger, Acting Regional Director, Mid-Continent Region. For the reasons set out in the preamble, 30 CFR part 914 is amended as set forth below: PART 914—INDIANA 1. The authority citation for part 914 continues to read as follows: Authority: 30 U.S.C. 1201 *et seq.* 2. Section 914.15 is amended in the table by adding a new entry in chronological order by “Date of final publication” to read as follows: § 914.15 Approval of Indiana regulatory program amendments. Original amendment submission date Date of final publication Citation/description * * * * * * * October 23, 2006 May 21, 2007 312 IAC 25-4-102(a)(1) and (3); (b); (d)(4), (6), and (8); (e)(3); (f)(5); 25-6-143(b)(3) and (8), (c). [FR Doc. E7-9674 Filed 5-18-07; 8:45 am] BILLING CODE 4310-05-P 72 97 Monday, May 21, 2007 Proposed Rules NUCLEAR REGULATORY COMMISSION 10 CFR Part 1 RIN 3150-AI17 Emergency Preparedness Policies Developed for Nuclear Materials Facilities AGENCY: Nuclear Regulatory Commission. ACTION: Proposed rule. SUMMARY: The Nuclear Regulatory Commission

(NRC)is proposing to amend its regulations that govern organization and functions of NRC offices. This action is necessary to clarify emergency preparedness program responsibilities of the Office of Nuclear Security and Incident Response. The current limiting reference of “nuclear reactors” would be replaced with the phrase “nuclear facilities.” DATES: Comments on the proposed rule must be received on or before June 20, 2007. ADDRESSES: You may submit comments by any one of the following methods. Please include the following number (RIN 3150-AI17) in the subject line of your comments. Comments on rulemakings submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including personal information such as social security numbers and birth dates in your submission. Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff. E-mail comments to: *SECY@nrc.gov* . If you do not receive a reply e-mail confirming that we have received your comments, contact us directly at

(301)415-1966. You may also submit comments via the NRC's rulemaking Web site at *http://ruleforum.llnl.gov* . Address questions about our rulemaking Web site to Carol Gallagher

(301)415-1966). Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at

(301)415-1101. Publicly available documents related to this rulemaking may be viewed electronically on the public computers located at the NRC's Public Document Room (PDR), O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. The PDR reproduction contractor will copy documents for a fee. Selected documents, including comments, may be viewed and downloaded electronically via the NRC rulemaking Web site at *http://ruleforum.llnl.gov* . Publicly available documents created or received at the NRC after November 1, 1999, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html* . From this site, the public can gain entry into the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC PDR Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to *pdr@nrc.gov* . FOR FURTHER INFORMATION CONTACT: Kevin R. O'Sullivan, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-8112, e-mail *kro2@nrc.gov* . SUPPLEMENTARY INFORMATION: For additional information see the Direct Final Rule published in the final rules section of this **Federal Register** . Procedural Background Because the NRC considers this action non-controversial and routine, the NRC is publishing this proposed rule concurrently as a direct final rule. The direct final rule will become effective on August 6, 2007. However, if the NRC receives significant adverse comments on the direct final rule by June 20, 2007, then the NRC will publish a document to withdraw the direct final rule. If the direct final rule is withdrawn, the NRC will address the comments received in response to the proposed revisions in a subsequent final rule. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period for this action if the direct final rule is withdrawn. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if:

(1)The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-and-comment process. For example, a substantive response is required when:

(A)The comment causes the NRC staff to reevaluate (or reconsider) its position or conduct additional analysis;

(B)The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or

(C)The comment raises a relevant issue that was not previously addressed or considered by the NRC staff.

(2)The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition.

(3)The comment causes the staff to make a change (other than editorial) to the rule. List of Subjects in 10 CFR Part 1 Organization and function (Government agencies). For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 553; the NRC is proposing to adopt the following amendments to 10 CFR part 1. PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION 1. The authority citation for part 1 continues to read as follows: Authority: Secs. 23, 161, 68 Stat. 925, 948, as amended (42 U.S.C. 2033, 2201); sec. 29, Pub. L. 85-256, 71 Stat. 579, Pub. L. 95-209, 91 Stat. 1483 (42 U.S.C. 2039); sec. 191, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); secs. 201, 203, 204, 205, 209, 88 Stat. 1242, 1244, 1245, 1246, 1248, as amended (42 U.S.C. 5841, 5843, 5844, 5845, 5849); 5 U.S.C. 552, 553; Reorganization Plan No. 1 of 1980, 45 FR 40561, June 16, 1980. 2. In § 1.46, paragraph

(c)is revised to read as follows: § 1.46 Office of Nuclear Security and Incident Response.

(AD)for Eurocopter France (Eurocopter) Model EC 130 B4 helicopters, with certain twist grip assemblies installed. This proposal would require inspecting the pilot and co-pilot collective levers for proper bonding between the twist grip drive tubes and the control pinions and if debonding is present, replacing the collective levers before further flight. This proposal is prompted by one incident in which the engine remained at idle speed although the twist grip had been turned to the flight position. The actions specified by this proposed AD are intended to detect debonding between the twist grip drive tubes and the control pinions on the pilot and co-pilot collective levers to prevent loss of cockpit throttle control of the engine, and subsequent loss of control of the helicopter. DATES: Comments must be received on or before July 20, 2007. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD: • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically; • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically; • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590; • *Fax:* 202-493-2251; or • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may get the service information identified in this proposed AD from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone

(972)641-3460, fax

(972)641-3527. You may examine the comments to this proposed AD in the AD docket on the Internet at *http://dms.dot.gov* . FOR FURTHER INFORMATION CONTACT: Ed Cuevas, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas 76193-0111, telephone

(817)222-5355, fax

(817)222-5961. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any written data, views, or arguments regarding this proposed AD. Send your comments to the address listed under the caption ADDRESSES . Include the docket number “FAA-2007-28229, Directorate Identifier 2006-SW-23-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed rulemaking. Using the search function of our docket Web site, you can find and read the comments to any of our dockets, including the name of the individual who sent or signed the comment. You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov* . Examining the Docket You may examine the docket that contains the proposed AD, any comments, and other information in person at the Docket Management System

(EASA)notified us that an unsafe condition may exist on Eurocopter Model EC 130 B4 helicopters, with a twist grip assembly, part number (P/N) 350A27520900, 350A27520901, 350A27520902, or 350A27520903, with a serial number below 64, installed on the pilot's side, and a twist grip assembly, P/N 350A27521201, with a serial number below 67, installed on the co-pilot's side. EASA advises that analysis of an incident that occurred during autorotation training revealed a failure of the twist grip drive tube and control pinion bonded attachment. The engine remained at idle rating although the twist grip had been turned back to the flight position. The manufacturer states that the autorotation procedure continued without damage to the helicopter, which landed safely. The failure has been attributed to non-compliant surface preparation during manufacture. Eurocopter, an EADS Company, has issued Alert Service Bulletin EC130 No. 76A001, dated February 10, 2006, which specifies a check by use of a twist grip adjusting gauge of the bonding between the twist grip drive tube and the control pinion on both the pilot and co-pilot collective levers. If the twist grip twists under a load on the adjusting gauge of 35N, the collective lever must be replaced. EASA classified this service bulletin as mandatory and issued AD No. 2006-0079, dated April 3, 2006, to ensure the continued airworthiness of these helicopters in France. This helicopter model is manufactured in France and is type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral agreement. Under this agreement, EASA has kept the FAA informed of the situation described above. We have examined EASA's findings, evaluated all pertinent information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States. This previously described unsafe condition is likely to exist or develop on other helicopters of the same type design registered in the United States. Therefore, the proposed AD would require, within 110 hours time-in-service

(TIS)or 4 months, whichever occurs first, or before the installation of a collective lever with an affected twist grip assembly on a helicopter, inspecting the bonding between the twist grip drive tube and the control pinion on both the pilot and co-pilot collective levers. If debonding is present, replacing the collective lever with an airworthy collective lever that has been inspected in accordance with paragraph

(a)of this proposed AD, or a collective lever with a twist grip assembly that is not listed in the Applicability of this proposed AD is required before further flight. The actions would be required to be accomplished by following the specified portions of the alert service bulletin described previously. We estimate that this proposed AD would affect 73 helicopters of U.S. registry. The debonding inspection would take approximately 0.25 work hour per helicopter and replacing a collective lever would take approximately 2 work hours, at an average labor rate of $80 per work hour. If replacement is necessary, required parts would cost approximately: • $8,651 for a co-pilot twist grip assembly, P/N 350A27521201; • $12,542 for a pilot twist grip assembly, P/N 350A27520903; • $5 for a clamp, P/N ASNA0021; • $2 for a bolt, P/N 22125BC050014L; and • $1 for a nut, P/N 22431BC050L. Based on these figures, we estimate the total cost impact of the proposed AD on U.S. operators to be $10,271, assuming one co-pilot twist grip assembly is replaced in one helicopter, that the twist grip adjusting gage

(tool)and spring scale needed are on-site and available, that the co-pilot twist grip assembly is not covered by warranty, and no pilot twist grip assembly will need to be replaced. The manufacturer has indicated that parts are covered by warranty up to 1,000 hours or 2 years after the purchase of a new helicopter, however it was indicated that labor is not covered by a warranty. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. Additionally, this proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a draft economic evaluation of the estimated costs to comply with this proposed AD. See the DMS to examine the draft economic evaluation. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: **Eurocopter France:** Docket No. FAA-2007-28229; Directorate Identifier 2006-SW-23-AD. *Applicability:* Model EC130 B4 helicopters, with a twist grip assembly, part number (P/N) 350A27520900, 350A27520901, 350A27520902, or 350A27520903, with a serial number below 64, installed on the pilot's side, and a twist grip assembly, P/N 350A27521201, with a serial number below 67, installed on the co-pilot's side, certificated in any category. *Compliance:* Required within 110 hours time-in-service

(TIS)or 4 months, whichever occurs first, and before installing a replacement collective lever with an affected twist grip assembly, unless accomplished previously. To detect a reduced bonding strength of the control pinion on the pilot and co-pilot collective lever drive tubes, which could lead to failure of a twist grip drive tube and control pinion bonded attachment, resulting in loss of engine throttle control and subsequent loss of control of the helicopter, accomplish the following:

(a)Inspect the pilot and co-pilot collective levers for proper bonding between the twist grip drive tubes and the control pinions in accordance with paragraphs 2.B.1. and 2.B.2. of the Accomplishment Instructions, in Eurocopter, an EADS Company, Alert Service Bulletin EC130 No. 76A001, dated February 10, 2006, except you are neither required to contact the manufacturer nor return a non-compliant collective lever.

(b)If a twist grip turns when applying the 35N load to the twist grip, before further flight, replace the collective lever with an airworthy collective lever that has been inspected in accordance with paragraph

(a)of this AD, or a collective lever with a twist grip assembly that is not listed in the Applicability of this AD.

(c)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Manager, Safety Management Group, FAA, ATTN: Ed Cuevas, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas 76193-0111, telephone

(817)222-5355, fax

(817)222-5961, for information about previously approved alternative methods of compliance. Note: The subject of this AD is addressed in EASA (France) AD 2006-0079, dated April 3, 2006. Issued in Fort Worth, Texas, on May 7, 2007. David A. Downey, Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E7-9708 Filed 5-18-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28228; Directorate Identifier 2006-SW-08-AD] RIN 2120-AA64 Airworthiness Directives; Eurocopter France Model EC130 B4 Helicopters AGENCY: Federal Aviation Administration, DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This amendment proposes adopting a new airworthiness directive

(AD)for Eurocopter France

(ECF)Model EC130 B4 helicopters. This proposal would require, within 100 hours time-in-service (TIS), modifying and testing the wiring of the battery overheat sensing circuit. This proposal is prompted by a malfunction in the battery overheat sensing circuit found during a scheduled inspection. The actions specified by this proposed AD are intended to correct the connection of the thermal switch to the cockpit indicator light, to notify the flight crew of an overheated battery, and to prevent a thermal runaway of the battery, an in-flight fire, and subsequent loss of control of the helicopter. DATES: Comments must be received on or before July 20, 2007. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD: • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically; • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically; • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590; • *Fax:* 202-493-2251; or • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may get the service information identified in this proposed AD from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone

(972)641-3460, fax

(972)641-3527. You may examine the comments to this proposed AD in the AD docket on the Internet at *http://dms.dot.gov* . FOR FURTHER INFORMATION CONTACT: Gary Middleton, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group, Fort Worth, Texas 76193-0111, telephone

(817)222-5197, fax

(817)222-5961. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any written data, views, or arguments regarding this proposed AD. Send your comments to the address listed under the caption ADDRESSES . Include the docket number “FAA-2007-28228, Directorate Identifier 2006-SW-08-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed rulemaking. Using the search function of our docket Web site, you can find and read the comments to any of our dockets, including the name of the individual who sent or signed the comment. You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov* . Examining the Docket You may examine the docket that contains the proposed AD, any comments, and other information in person at the Docket Management System

(DMS)Docket Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5227) is located at the plaza level of the Department of Transportation Nassif Building in Room PL-401 at 400 Seventh Street, SW., Washington, DC. Comments will be available in the AD docket shortly after the DMS receives them. Discussion The Direction Generale De L'Aviation Civile (DGAC), the airworthiness authority for France, notified the FAA that an unsafe condition may exist on ECF Model EC130 B4 helicopters. The DGAC advises that a malfunction of the battery overheat sensing function, due to incorrect wiring of the battery overheat sensing circuit, was found during a scheduled maintenance. The DGAC also advises that failure of the battery overheat sensing function to operate could give rise to a fire in the event of thermal runaway of the battery. ECF has issued Alert Telex No. 24A001, dated December 20, 2005 (AT). The AT specifies modifying and testing the battery overheat sensing circuit (MOD 073572) for batteries located in the right-hand side baggage compartment (not modified per OP-3685 or 073739) and for batteries in the tailboom (modified per OP-3685 or 073739). The DGAC classified this AT as mandatory and issued AD No. F-2006-010, dated January 4, 2006, to ensure the continued airworthiness of these helicopters in France. This helicopter model is manufactured in France and is type certificated for operation in the United States under the provisions of 14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the applicable bilateral agreement, the DGAC has kept us informed of the situation described above. We have examined the findings of the DGAC, reviewed all available information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States. This previously described unsafe condition is likely to exist or develop on other helicopters of the same type design registered in the United States. Therefore, the proposed AD would require, within 100 hours TIS, modifying and testing the wiring of the battery overheat sensing circuit. The actions of this AD would be required to be accomplished by following the specified portions of the alert telex described previously. We estimate that this proposed AD would affect 68 helicopters of U.S. registry. Modifying and testing the overheat sensing circuit wiring would take about 1 work hour per helicopter at an average labor rate of $80 per work hour. Based on these figures, we estimate the total cost impact of the proposed AD on U.S. operators to be $5440. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. Additionally, this proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a draft economic evaluation of the estimated costs to comply with this proposed AD. See the DMS to examine the draft economic evaluation. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: **Eurocopter France:** Docket No. FAA-2007-28228; Directorate Identifier 2006-SW-08-AD. *Applicability:* Model EC130 B4 helicopters not modified per MOD 073572, with the battery in either the right-hand baggage compartment or the tailboom, certificated in any category. *Compliance:* Required within 110 hours time-in-service, unless accomplished previously. To correct the connection of the thermal switch to the cockpit indicator light, to notify the flight crew of an overheated battery, and to prevent a thermal runaway of the battery, an in-flight fire, and subsequent loss of control of the helicopter, do the following:

(a)Modify the wiring of the battery overheat sensing circuit and test the battery overheat sensing indicator light by following the Accomplishment Instructions, paragraph 2.B.1. or 2.B.2., depending on the location of the battery, of Eurocopter Alert Telex No. 24A001, dated December 20, 2005.

(b)Modifying and testing the battery overheat sensing circuit by following paragraph

(a)of this AD is terminating action for the requirements of this AD.

(c)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Manager, Rotorcraft Directorate, FAA, ATTN: Gary Middleton, Aviation Safety Engineer, Regulations and Policy Group, Fort Worth, Texas 76193-0111, telephone

(817)222-5197, fax

(817)222-5961, for information about previously approved alternative methods of compliance. Note: The subject of this AD is addressed in Direction Generale De L'Aviation Civile (France) AD No. F-2006-010, dated January 4, 2006. Issued in Fort Worth, Texas, on May 1, 2007. Scott A. Horn, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E7-9695 Filed 5-18-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27230; Directorate Identifier 2007-NE-04-AD] RIN 2120-AA64 Airworthiness Directives; Pratt & Whitney

(PW)PW4164, PW4168, and PW4168A Turbofan Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to adopt a new airworthiness directive

(AD)for PW PW4164, PW4168, and PW4168A turbofan engines with certain low pressure turbine

(LPT)stage 4 disks, part number (P/N) 51N404, installed. This proposed AD would require removing certain LPT stage 4 disks, listed by serial number at the next piece-part exposure or within 7,500 cycles-since-new (CSN), whichever occurs first. This proposed AD results from a report of improperly manufactured LPT stage 4 disks. We are proposing this AD to prevent an uncontained engine failure due to low-cycle fatigue (LCF), which could result in damage to the airplane. DATES: We must receive any comments on this proposed AD by July 20, 2007. ADDRESSES: Use one of the following addresses to comment on this proposed AD. • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • Government *-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • *Fax:*

(202)493-2251. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may examine the comments on this proposed AD in the AD docket on the Internet at *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: V. Rose Len, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone

(781)238-7772; fax

(781)238-7199. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send us any written relevant data, views, or arguments regarding this proposal. Send your comments to an address listed under ADDRESSES . Include “Docket No. FAA-2007-27230; Directorate Identifier 2007-NE-04-AD” in the subject line of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of the DOT Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78) or you may visit *http://dms.dot.gov* . Examining the AD Docket You may examine the docket that contains the proposal, any comments received and, any final disposition in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone

(800)647-5227) is located on the plaza level of the Department of Transportation Nassif Building at the street address stated in ADDRESSES . Comments will be available in the AD docket shortly after the Docket Management Facility receives them. Discussion On September 29, 2006, we received a report of 16 LPT stage 4 disks, P/N 51N404, manufactured with an improper material process. The disks were not properly heat treated during the manufacturing process. The manufacturer solution-heat treated the disks for one hour instead of the four hours required. We believe this manufacturing discrepancy will result in reduced LCF properties for the disks. Operating the affected disks to the certified life limit could result in uncontained failure of the disk due to LCF. Although we have received no reports of disk separations, this condition, if not corrected, could result in the disk separating from the engine due to LCF, which could result in damage to the airplane. FAA's Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other products of this same type design. We are proposing this AD, which would require removing certain LPT stage 4 disks, P/N 51N404, listed by serial number in the proposed AD, at the next piece-part exposure, or within 7,500 CSN, whichever occurs first. Costs of Compliance We estimate that this proposed AD would affect 11 engines installed on airplanes of U.S. registry. We also estimate that it would take about 250 work-hours per engine to perform the proposed action, if not done at piece-part exposure, and that the average labor rate is $80 per work-hour. Required parts would cost about $186,288 per engine. Based on these figures, we estimate the total cost of the proposed AD to U.S. operators to be $2,269,168. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD. You may get a copy of this summary at the address listed under ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Under the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: **Pratt & Whitney:** Docket No. FAA-2007-27230; Directorate Identifier 2007-NE-04-AD. Comments Due Date

(a)The Federal Aviation Administration

(FAA)must receive comments on this airworthiness directive

(AD)action by July 20, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to Pratt & Whitney PW4164, PW4168, and PW4168A turbofan engines with certain low pressure turbine

(LPT)stage 4 disks, part number (P/N) 51N404, that have a serial number listed in the following Table 1 of this AD installed. These engines are installed on, but not limited to, Airbus A330-200 and A330-300 series airplanes. Table 1.—Affected LPT Stage 4 Disks by Serial Number LPT stage 4 disk serial numbers CLDLC01142 CLDLC01143 CLDLC01144 CLDLC01145 CLDLC01146 CLDLC01148 CLDLC01149 CLDLC01150 CLDLC01151 CLDLC01152 CLDLC01181 CLDLC01182 CLDLC01183 CLDLC01185 CLDLC01186 CLDLC01187 Unsafe Condition

(d)This AD results from a report of improperly manufactured LPT stage 4 disks. We are issuing this AD to prevent an uncontained engine failure due to low-cycle fatigue, which could result in damage to the airplane. Compliance

(e)You are responsible for having the actions required by this AD performed at the next piece-part exposure after the effective date of this AD or within 7,500 cycles-since-new, unless the actions have already been done. Removing the LPT Stage 4 Disk

(f)Remove from service any LPT stage 4 disk that has a serial number listed in Table 1 of this AD. Prohibition Against Installing an Affected Disk

(g)After the effective date of this AD, do not install any disk, P/N 51N404, that has a serial number listed in Table 1 of this AD or any disk removed as specified in paragraph

(f)of this AD except as allowed by paragraph

(h)of this AD. Alternative Methods of Compliance

(h)The Manager, Engine Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Special Flight Permits

(i)Under 14 CFR part 39.23, we are prohibiting the special flight permits for this AD. Related Information

(j)None. Issued in Burlington, Massachusetts, on May 11, 2007. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-9697 Filed 5-18-07; 8:45 am] BILLING CODE 4910-13-P 72 97 Monday, May 21, 2007 Notices ADVISORY COUNCIL ON HISTORIC PRESERVATION Notice of Department of the Air Force Adoption of Program Comments for Cold War Era (1946-1974) Unaccompanied Personnel Housing, World War II and Cold War Era (1939-1974) Ammunition Storage Facilities from the Advisory Council on Historic Preservation, and Notice of Availability of Final Environmental Assessment and Finding of No Significant Impact AGENCY: Advisory Council on Historic Preservation. ACTION: Notice of Department of the Air Force Adoption of Program Comments for Cold War Era (1946-1974) Unaccompanied Personnel Housing, World War II and Cold War Era (1939-1974) Ammunition Storage Facilities from the Advisory Council on Historic Preservation, and Notice of Availability of Final Environmental Assessment and Finding of No Significant Impact. SUMMARY: This provides notice of the Air Force's adoption of the Advisory Council on Historic Preservation's Program Comments for Cold War Era Unaccompanied Personnel Housing (1946-1974), World War II and Cold War Era (1939-1974) Ammunition Storage Facilities, and the availability of the final Environment Assessment and Finding of No Significant Impact for the actions. DATES: This Program Comment goes into effect on May 21, 2007. ADDRESSES: To obtain copies of the Program Comments, the final EA and signed FONSI, visit Defense Environmental Network Information eXchange (DENIX) Web site at *https://www.denix.osd.mil/ProgramAlternatives.* Address all comments concerning these Program Comments to David Berwick, Army Program Manager, Advisory Council on Historic Preservation, 1100 Pennsylvania Avenue, NW., Suite 803, Washington, DC 20004. Fax

(202)606-8672. *dberwick@achp.gov.* FOR FURTHER INFORMATION CONTACT: Dave Berwick

(202)606-8505. SUPPLEMENTARY INFORMATION: Section 106 of the National Historic Preservation Act requires Federal agencies to consider the effects of their undertakings on historic properties and provide the Advisory Council on Historic Preservation

(ACHP)a reasonable opportunity to comment with regard to such undertakings. ACHP has issued the regulations that set forth the process through which Federal agencies comply with these duties. Those regulations are codified under 36 CFR part 800 (“Section 106 regulations”). Under Section 800.14(e) of those regulations, agencies can request ACHP to provide a “Program Comment” on a particular category of undertakings in lieu of conducting individual reviews of each individual undertaking under such category, as set forth in 36 CFR 800.4 through 800.6. An agency can meet its Section 106 responsibilities for those undertakings by taking into account ACHP's Program Comment and by following the steps set forth in those comments. On August 18, 2006, the Advisory Council on Historic Preservation approved and issued to the Department of Defense a Program Comment on World War II and Cold War era (1939-1974) Ammunition Storage Facilities, and a Program Comment on Cold War era (1946-1974) Unaccompanied Personnel Housing. The Program Comments pertain to all buildings and structures designed and built as ammunition storage facilities (DoD Real Property category group 42XXXX) within the years 1939-1974, and all buildings and structures that were designed and built as Unaccompanied Personnel Housing (DoD Real Property category group 72XXXX) in the years 1946-1974. The Program Comments include treatment measures for the following undertakings for these two categories of properties: ongoing operations, maintenance and repair; rehabilitation; renovation; mothballing; cessation of maintenance, new construction, demolition; deconstruction and salvage; remediation activities; and transfer, sale, lease, and closure of such facilities. The Department of the Air Force has taken into account the Advisory Council on Historic Preservation's Program Comment on World War II and Cold War era (1939-1974) Ammunition Storage Facilities, and the Program Comment on Cold War era (1946-1974) Unaccompanied Personnel Housing, and accepts and adopts these Program Comments. The Department of the Air Force ensures that the effects of these undertakings on these categories of historic properties is taken into account by execution of the steps identified as treatment measures in the Program Comments, Sections II.B. Treatment measures vary by property type. For Cold War era Unaccompanied Housing, the Department of the Air Force will prepare a supplemental context study that will be an appendix to the Army's existing study, “Unaccompanied Personnel Housing

(UPH)During the Cold War (1946-1989).” For World War II and Cold War era Ammunition Storage Facilities, the Department of the Air Force will prepare a supplemental historic context study that will be an appendix to the Army's existing context study, “Army Ammunition and Explosives Storage in the United States, 1775-1945”. The Department of the Air Force will also document a representative sampling of the basic types of above-ground and earth covered ammunition storage facilities at three geographically dispersed locations that offer the greatest number and variety of resources constructed during the cold war. The Department of the Air Force will also prepare documentation of Cold War era Unaccompanied Personnel Housing at three geographically dispersed locations that offer the greatest number and variety of resources constructed during the Cold War. The full text of the Program Comments can be found on the DENIX Web site at *https://www.denix.osd.mil/ProgramAlternatives* . The Department of the Air Force also announces the availability of the final Environmental Assessment

(EA)and signed Finding of No Significant Impact (FONSI) for the Program Comment process. Notice of the availability of the draft EA and FONSI was published in the **Federal Register** on October 26, 2004, Vol. 69, No. 206, pp. 62431-62432. With the Army as lead agency, the Department of the Air Force considered all public comments received on the draft before finalizing the EA and FONSI. Authority: 36 CFR 800.14(e) Dated: May 16, 2007. John M. Fowler, Executive Director. [FR Doc. 07-2504 Filed 5-18-07; 8:45am]

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